Re: Not Stopping at a Rail Crossing When the Lights Are On
Hearsay, hearsay, and more hearsay. "Your honor, I move to suppress the officer's written statement due to lack of foundation. The officer has not testified to having personal knowledge of any of the accusations he states in his report. Without personal knowledge this witness either violates ER 602, or violates ER 801. I subsequently move to dismiss all charges due to lack of evidence."
The prosecutor may call upon you to testify. If he does, you should be ready with, "Your honor, I respectfully decline to comment as I have a Fifth Amendment right to remain silent, as secured by such cases as Boyd v. U.S (116 US 616). I further renew my motion to dismiss."
If you want, you can read it aloud for the court: Boyd v. US: "A proceeding to forfeit a person's goods for an offence against the laws, though civil in form, and whether in rem or in personam, is a "criminal case" within the meaning of that part of the Fifth Amendment which declares that no person 'shall be compelled, in any criminal case, to be a witness against himself.'"
Can you tell I've had this argument with the prosecutor before?
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost